L-1 SANITATION

L-1-1 PURPOSE

The purpose of this chapter is to establish rules and regulations regarding the collection, conveyance, storage, and disposal of junk, refuse, solid waste, and rubble within the City of Fort Pierre to ensure the health, welfare, and safety of the citizens of the City of Fort Pierre and to aid in the suppression of sickness and disease.

Authority: SDCL 9-32-10

L-1-2 DEFINITIONS

A. “Business building” shall mean any structure, public or private, that is adapted for occupancy, for transaction of business, for rendering professional services, for amusement, the display, sale or storage of goods, wares, or merchandise, or for the performance of work or labor, including but not limited in its application to public buildings, stores, theaters, markets, grain elevators, abattoirs, warehouses, work shops, factories, and all out-buildings, sheds, barns, and other structures and premises used for business purposes.

B. “Dump” shall mean to throw, drop, cast, deposit, or discard any garbage in any location or place other than the Pierre Municipal Landfill or in any other place designated by the City Council.

C. “Garbage container” shall mean any can, barrel, secured bag, or other receptacle designed for the purpose of storing garbage.

D. “Garbage” shall mean kitchen waste, an accumulation of animal and vegetable matter that attends the preparation, cooking and eating of foods.

E. “Junk” shall mean wooden, paper, fibrous, metallic, plastic, crockery, rubber, including tires and auto batteries, or glass materials of nominal value, unless segregated and intended for recycling.

F. “Occupant” shall mean an individual, partnership, corporation, or other entity that has the use of the building or real estate, either residential or commercial, or a part or portion thereof, whether the actual owner, tenant, or sub-tenant. In the case of a vacant building, residential or commercial, or any vacant portion of the building or real estate, the owner, agent, or custodian shall have responsibility of an “occupant” of said property.

G. “Owner” shall mean the actual owner of record of the building or real estate, including individual, partnership, corporation, or other entity. In case of buildings or real estate leased under an agreement that the lessee is responsible for maintenance and repairs, the lessee in such cases will be considered the “owner” for the purpose of this chapter.

H. “Person” shall mean an individual, corporation, partnership, or other legal entity, whether public or private.

I. “Premises” shall mean any real property or any structure contained thereon.

J. “Refuse or solid waste” shall mean cans, bottles, paper, litter, and other waste materials ordinarily originating in a household or business building, excluding yard waste, tree limbs, industrial by-products, building materials other than approved by the Director of Public Works or his designee, ashes, dirt, concrete, asphalt, highly flammable or explosive materials, sewage, and body wastes.

K. “Rubble” shall mean broken, bent, charred, scrap, or pulverized building materials incapable of use for purposes for which originally intended.

L. “Store, storing, and storage” shall mean the placing of materials or substance defined in this chapter, other than garbage, with the intention of moving or removing the same within fourteen (14) days.

M. “Vacant building” shall mean any unoccupied structure, public or private.

N. “Yard waste” shall mean any organic materials, other than garbage, that can be composted, and shall be limited to excised limbs, roots, grass clippings, leaves, and flower and vegetable garden waste.

Source:

Authority: SDCL 9-32-10, 9-32-11

L-1-3 AUTHORITY TO REGULATE

The City shall have the power to regulate the conveyance, collection, disposal, and handling of garbage and other waste materials.

Source:

Authority: SDCL 9-32-10, 9-32-11

L-1-4 COLLECTION, CONVEYANCE, STORAGE, AND DISPOSAL

All garbage, rubble, and junk shall be collected, conveyed, stored, and disposed of in accordance with City ordinance.

Source:

Authority: SDCL 9-32-10, 9-32-11

L-1-5 STORAGE OF JUNK, REFUSE, SOLID WASTE, OR RUBBLE

It is unlawful for any person to place, leave, deposit, or permit the accumulation of junk, refuse, solid waste, or rubble in any building or upon any premises visible to or offensive to the public within the City for a period of more than eight (8) consecutive days. Any stored refuse or solid waste, rubble, or junk shall be enclosed in a container and covered, impervious or inaccessible to insects, animals, or humans during the period of time it is stored.

Source:

Authority: SDCL 9-32-10

L-1-6 STORAGE OF GARBAGE

It is unlawful for any person to place, leave, deposit, or permit the accumulation of garbage in any building or upon any premises visible to or offensive to the public within the City for a period of more than eight (8) consecutive days. Any stored garbage shall be enclosed in a container and covered, impervious or inaccessible to insects, animals, or humans during that period of time it is stored.

Source:

Authority: SDCL 9-32-10

L-1-7 LOCATION OF GARBAGE CONTAINERS

Only on the days of garbage collection may an owner or occupant place containers of one hundred (100) gallons or less on a public easement as may be convenient for the garbage collectors or haulers. On days not designated for garbage collection, containers shall not be placed or allowed to remain along the street or alley line but must be placed on the property in a manner not conspicuous to passersby.

Source:

Authority: SDCL 9-32-10

L-1-8 LAND STABILIZATION

Concrete, brick, block, tile, and other like material, excluding asphalt base materials, may be used as a landfill or land stabilizer in conjunction with Q-15-5(1), provided written approval by the Director of Public Works or his designee is issued prior to dumping.

Source:

Authority: SDCL 9-32-10

L-1-9 DISPOSAL OF GARBAGE FOR PROFIT

No person, firm, or corporation shall collect, transport, or dispose of garbage, solid waste or yard waste for profit within the City limits without first procuring a garbage collection license approved by the City Council. No such license shall be granted except upon proof of insurance and payment to the City the fees prescribed by ordinance establishing various license fees. The garbage collection license shall be valid from the date of issue to December 31 of the same calendar year. When applying for a license, the applicant must show proof of vehicle approval pursuant to L-1-8. Application for license shall be on forms provided by the City Finance Officer. The license may be revoked at any time by the City Council upon the licensee’s failure to comply with the provisions of City ordinances or State laws. No person, firm, or corporation shall be required to be licensed for the purpose of hauling garbage, yard waste, junk, rubble, or refuse from his own premises.

Source:

Authority: SDCL 9-32-10

L-1-10 GENERAL GARBAGE COLLECTION VEHICLE REQUIREMENTS

Any vehicle used for commercial collection, conveyance, or hauling of garbage shall be equipped sufficiently to prevent the escape of the contents thereof. All wet garbage or material subject to rot, decay, or putrefaction, or materials or liquids emitting strong or noxious odors shall be collected and hauled in a vehicle which has been approved by the Director of Public Works or his designee for such purpose.

Source:

Authority: SDCL 9-32-11

L-1-11 NON-COMMERCIAL HAULING

Any vehicle, trailer or wagon used for non-commercial hauling of garbage, yard waste, rubble, junk, or solid waste shall be equipped and covered to insure no spillage may occur on the streets or on public rights-of-way to the point of disposal.

Source:

Authority: SDCL 9-32-10, 9-32-11

L-1-12 UNLAWFUL TO ACCUMULATE GARBAGE OR TRASH

It shall be unlawful for any owner, agent, or occupant of any lot, yard, place, building, residence, or premises of any kind, to allow or permit another to leave, deposit, or place slop, decaying animal matter, garbage, litter, discarded metal, rubble, refuse, solid waste, or other substances in or upon any yard, place, building, residence, or premises or in or upon any sidewalk or alley for a period of more than eight (8) consecutive days. Any occupant permitting the storage of any substance described in this chapter on their property shall require the same be enclosed in accordance with L-1-4. This section may not be construed to permit the blockage of any public way, alley, or sidewalk.

Source:

Authority: SDCL 9-32-10, 9-32-11

L-1-13 UNLAWFUL TO ACCUMULATE DEAD ANIMALS

No person may allow the carcass of cattle, horse, sheep, pig, or similar size animal to remain exposed to the atmosphere for more than five (5) consecutive days when the average temperature exceeds 32 degrees Fahrenheit.

Source:

Authority: SDCL 9-32-10, 9-32-11

L-1-14 UNLAWFUL DUMPING OR DEPOSITING

It shall be unlawful for any person, firm, or corporation to dump or deposit or cause to be dumped or deposited any garbage, solid waste, rubble, or junk in any other place, public or private, other than at the Pierre Municipal Landfill site or in any other place designated by the City Council or its designee.

Source:

Authority: SDCL 9-32-10, 9-32-11

L-1-15 LITTERING PROHIBITED

It shall be unlawful for any person to discard, throw, drop, cast, or deposit upon any street, alley, sidewalk, yard, or premises, public or private, any garbage of any kind, cans, paper, trash, paper containers, bottles, refuse, or any other form of litter or waste matter.

Source:

Authority: SDCL 9-32-10, 9-32-11

L-1-16 USE OF ANOTHER’S GARBAGE CONTAINER PROHIBITED

It shall be unlawful for any person to deposit or discard garbage, refuse, solid waste, yard waste, rubble, or junk in the garbage container of another without authorization from the owner of such garbage container. This provision does not prevent the incidental use of public garbage containers by the public.

Authority: SDCL 9-32-10, 9-32-11

L-1-17 DISPOSITION OF FLAMMABLE MATERIALS

Highly flammable or explosive materials, including petroleum products, shall not be placed in containers for regular collection or disposal, but shall be disposed of as required by State statute or regulation or as directed by the City at the expense of the owner or possessor thereof.

Authority: SDCL 9-32-10, 9-32-11

L-1-18 POLICE POWERS

The Director of Public Works or his designee is hereby authorized to exercise the police powers of this City for the sole purpose of enforcing the provisions of this chapter.

Authority: SDCL 9-32-10, 9-32-11

L-1-19 MISDEMEANOR

Individuals, persons, firms, or corporations who violate any of the provisions of this ordinance shall be guilty of a misdemeanor, punishable as set forth in the chapter T. Each day’s violation, failure, refusal, or neglect to comply with any provision of this chapter or regulation promulgated thereunder shall constitute a separate and distinct offense.

Authority: SDCL 9-32-10, 9-32-11

L-1-20 EXCEPTIONS

This ordinance shall not apply to junk stored or contained in chapter Q or as otherwise authorized in an industrial zoned area with the required proper closure.

Source:

Authority: SDCL 9-32-10, 9-32-11

L-1-21 SEVERABILITY

If any provision of this chapter is declared unconstitutional or the application of this chapter to any person or circumstance is held invalid or unconstitutional, the remainder of this chapter and applicability thereof to other persons or circumstances shall not be affected thereby.